Superior Court ~
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Guide Contents
Legal Proceedings - Superior Court
Grand Jury Indictment/Arraignment:

After the defendant has been arraigned in District Court, the case is moved to Superior Court where it is presented to the Grand Jury for possible indictment of the defendant. A Grand Jury indictment is a prerequisite to any case that is to be tried in Superior Court. If the defendant is indicted by the Grand Jury, he will be arraigned (formally charged) in Superior Court, which has jurisdiction over such serious charges as murder and manslaughter.
The Grand Jury consists of twenty-three citizens who are selected from the regular jury pool to sit for an extended period of time. In Hampden, Hampshire, and Franklin Counties, the Grand Jury sits for a three month period and hears cases every other week. Each County determines its own length of service for jurors, as appropriate for its individual needs. If you have questions about the length of service of members of the Grand Jury in our county, please consult with your advocate.
The Grand Jury is an investigative body whose function is to listen to evidence and determine if a crime was probably committed, and whether or not the defendant probably committed it. Jurors are responsible only for deciding if there is enough evidence to reasonably suggest that a crime was probably committed by the accused; they do not decide the guilt or innocence of the defendant. Decisions are reached after hearing evidence presented by the Commonwealth through testi-mony from witnesses, medical personnel, and police officers. Grand Jury proceedings are confidential in nature and therefore are closed to the public. Only the witness summoned to testify may enter the Grand Jury room. The defendant is not usually present during these hearings, but occasionally will be invited to testify. The Constitution guarantees, however, that no person can be forced to testify against himself. The Grand Jury renders a decision with a simple majority vote. If indicted by the Grand Jury, the defendant is then arraigned in Superior Court and trial preparations are begun.
For those who want to be involved in all aspects of the case against the defendant, it is difficult to be excluded from the Grand Jury proceedings. It can be extremely frustrating to know that evidence is being presented to which you do not have access. However, certain procedures must be followed. If the defendant is indicted and arraigned in Superior Court, every effort must be made and every precaution must be taken to ensure that the evidence against him is strong and the possibility of a guilty verdict being overturned on appeal is minimal.